Bill Text: HI SB2202 | 2020 | Regular Session | Introduced
Bill Title: Relating To Towing.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-01-27 - Re-Referred to TRS, CPH/JDC. [SB2202 Detail]
Download: Hawaii-2020-SB2202-Introduced.html
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THE SENATE |
S.B. NO. |
2202 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to towing.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 290-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Towing companies shall not initiate a tow unless engaged by the owner, occupant, or person in charge of the property and shall:
(1) Charge not more than $65 for a tow, or $75 for a tow using a dolly, plus a mileage charge of $7.50 per mile towed and $25 per day or fraction thereof for storage for the first seven days and $20 per day thereafter. When the tow occurs between the hours of six o'clock p.m. and six o'clock a.m., from Monday through Thursday and from six o'clock p.m. Friday to six o'clock a.m. Monday, the towing company shall be entitled to an overtime charge of $15. If the vehicle is in the process of being hooked up or is hooked up to the tow truck and the owner appears on the scene, the towing company shall unhook the vehicle and shall not charge any fee to the owner of the vehicle. In the case of a difficult hookup, meaning an above or below ground hookup in a multilevel facility, a towing surcharge of $30 shall be applicable;
(2) Obtain specific
documented approval by the property owner, occupant, or person in charge of the
private or public property authorizing removal of vehicles parked on the property
without permission. The documentation shall
identify the name and contact information for the person providing the towing company
with authorization to remove the vehicle;
[(2)] (3) Determine the name
of the legal owner and the registered owner of the vehicle from the department
of transportation or the county department of finance. The legal owner and the registered owner
shall be notified in writing at the address on record with the department of
transportation or with the county department of finance by registered or certified
mail of the location of the vehicle, together with a description of the
vehicle, within a reasonable period not to exceed fifteen days following the
tow. The notice shall state:
(A) The maximum towing charges and fees allowed by law;
(B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and
(C) That if the vehicle is not recovered within thirty days after the mailing of the notice, the vehicle shall be deemed abandoned and will be sold or disposed of as junk.
Where the owners have not been so notified, then the owner
may recover the owner's car from the towing company without paying tow or
storage fees; provided that the notice need not be sent to a legal or
registered owner or any person with an unrecorded interest in the vehicle whose
name or address cannot be determined.
Absent evidence to the contrary, a notice shall be deemed received by
the legal or registered owner five days after the mailing. A person, including but not limited to the
owner's or driver's insurer, who has been charged in excess of the charges permitted
under this section may sue for damages sustained and, if the judgment is for
the plaintiff, the court shall award the plaintiff a sum not to exceed the
amount of the damages and reasonable attorney's fees together with the cost of
suit;
[(3)] (4) Provide, when a vehicle is recovered by the
owner before written notice is sent by registered or certified mail, the owner
with a receipt stating:
(A) The maximum towing charges and fees allowed by law; and
(B) The telephone number of the consumer information service of the department of commerce and consumer affairs; and
[(4)] (5) Accommodate payment by the owner for charges
under paragraph (1) by cash and by either credit card or automated teller
machine located on the premises."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Motor Vehicle; Automobile; Towing; Predatory Towing
Description:
Prevents predatory towing by requiring documented approval authorizing removal of a vehicle from private property by the property owner or a designated representative.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
